General Chat

Frank McGarahan killers to appeal against length of sentence

STEVE DOWNES
23 October 2009 15:30



Two brothers who beat a father-of-two to death in a Norwich street have appealed against their “excessive” jail sentences, the Evening News can reveal.

Ben Cowles, 21, was given seven-and-a-half years and Tom Cowles, 22, seven years for the brutal attack on husband and father Frank McGarahan.

After the sentencing at Norwich Crown Court on June 26, Mr McGarahan's brother Tony denounced the prison terms as “disgracefully low” and called for an urgent review of homicide cases to allow judges to reflect the horror of some incidents.

However, the family will have to endure another hearing when the pair of amateur boxers bid to have their jail terms reduced at London's Appeal Court on a date to be confirmed, possibly December 3.

Simon Nicholls, a partner at Norwich solicitors' Belmores, which represents the two men, said today: “Both the Cowles brothers separately have appealed the length of sentence to the Court of Criminal Appeal.

“I can confirm that the reviewing single judge at the Court of Appeal has said that this is a suitable case to go forward for a full hearing in the Court of Appeal in due course, where their QCs - Graham Parkins and Michael Hubbard - will argue that the sentences are excessive.”

Last night, a female witness to the incident in Norwich's Guildhall in the early hours of September 28, 2008 said she was “disgusted” the brothers had appealed.

The woman, who did not want to be identified, said: “I was a witness to the incident and another witness was right when he said they were like a pack of animals. It was devastating to see it happen.

“However must the poor man's family feel about this appeal? I hope the brothers get longer sentences. I think they've got a damned cheek - they got away lightly.”

Mr McGarahan, 45-year-old chief executive of Barclays Wealth, who lived in Hertfordshire, was beaten to death after standing up for a homeless man, Lithuanian Robertas Sinkevicius, who had been subjected to an earlier attack by the pair.

Mr McHarahan had been on a night out in the city with his brother and cousin before the christening of his niece in Norwich the following day. He died from serious head injuries after the attack.

After passing sentence in June, High Court judge Mr Justice Saunders conceded his verdict would inevitably be “criticised”, but added he had passed the toughest sentence possible under the legislation.

The brothers, from Beaumont Road, Costessey, near Norwich, admitted manslaughter after murder charges were dropped.

Mr Justice Saunders told the court it was possible the gap between murder and manslaughter sentences was too great, adding: “After all it makes no difference to the victims of homicide what the intention of the killer was.”

Outside court, Tony McGarahan said at the time: “The judge made it clear his hands were tied by current sentencing guidelines. But I believe the government must look at the legislation and review those guidelines. Seven and seven-and-a-half years respectively for killing someone is appalling.”

As reported, the two Cowles brothers had once been tipped to have promising futures in amateur boxing.

After the sentencing, those who knew them during their days as amateur boxers told of their shock at their horrific actions.

However, those who lived near the brothers said they were “well known” for getting in fights especially following a night out.


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They should face up to their punishment like men, not the cowards they are, this makes me so angry!


Lizx

Sometimes on appeal the sentence is increased, one can only hope!

Christ - you get more for robbing a bank and hurting no-one!
I hope their sentences are increased - they obviously attacked the homeless man before killing Mr McGarahan - they obviously have no empathy, morals or control over their tempers - they're a danger to society!

it beggars belief doesn't it Liz, they can rob someone of a life and put his family through a lifetime of pain and sadness, and they think their sentence is too long!

They should have got far more than the 7 & 7 1/2 years they got !

The two of them are friends of a lad my o.h. works with, and when it happened and they were caught, well they handed themselves in but only because everyone knew who they were, he said they were nice lads who wouldn't do such a thing, but it wasn't true as lots of things came out about them at the trial. Frank McGarahan's family are devastated at their loss, and must feel ten times worse knowing these lowlife are appealing. I too hope their sentences are increased but am not holding my breath!

Lizx

n

7 years excessive? I'd say it was lenient.

hi SRS, long time no see!

I will keep you posted on the results of the appeal.

Whatever the sentence, it won't be as long as the lifetime Frank M's family have to live without him, his children are only young and they had a wonderful lifestyle which will obviously be different in future without their Dad's earnings and more so, without his love and guidance.

Lizx

I see Baby P's mother has dropped her appeal, thank heavens.

I don't understand the courts who allow these appeals to go ahead, there should be certain sentences/cases where no appeal should be sanctioned and it decided at the time of the initial sentence.

Lizx

I am often rendered speechless by the Sentences..... not to mention the gall of the
perpetrators of the crimes!!
What did they want.... a medal??
Deanna X